Navigating the New Administrative Review Tribunal: Why Your Written Submission Is Now Your Only Voice

Look, if you are an international student with a visa refusal sitting in the appeals queue, everything just changed. And not in your favour.

The Federal Government has introduced the Administrative Review Tribunal and Other Legislation Amendment Bill 2025. The language is dry. The impact is not. For tens of thousands of students, this Bill eliminates your right to appear before the Tribunal. Your written submission is no longer a supporting document. It is your entire case. As immigration lawyers Melbourne relies on for complex appeals, we have been watching this develop closely.

What the New Bill Actually Does

The transition from the Administrative Appeals Tribunal to the Administrative Review Tribunal happened on 14 October 2024. That was just the first step. This new Bill goes further. Much further.

Here is what the legislation introduces:

• New Division 4A (Migration Act): Creates a mandatory process for certain reviews to be conducted solely on written materials. No hearing. No exceptions.

• Expanded Tribunal Discretion: Under proposed amendments to Section 106 of the ART Act, the Tribunal can now skip oral hearings if it believes issues can be "adequately determined" without you present.

• Mandatory Paper Reviews: For specific visa classes, particularly student visa refusals, the Tribunal must conduct the review on the papers. Not "may". Must.

That last point is the one that matters. For student visas, oral hearings are gone.

The Numbers Behind This Change

Why is the Government doing this? The backlog.

Between June 2023 and July 2025, study visa refusal cases exploded from 2,100 to over 39,000. The system could not cope. This Bill is the Government's solution: process cases faster by removing the most time-consuming element. The hearing.

The stated goal is to "cure the inflexibility" of the current framework. The practical effect is that your day in court no longer exists. Under proposed Section 367N, if your application falls under Division 4A, the Tribunal must make its decision without a hearing. There is no provision for you to appear. No opportunity to explain your circumstances in person. No chance to answer questions from the Member deciding your future.

Retroactive Application: This Affects Cases Already Lodged

Here is the part that catches people off guard. These amendments do not just apply to new applications. They apply to cases already lodged, provided the Tribunal has not yet begun formal proceedings.

If you submitted your appeal months ago and have been waiting for a hearing date, you may suddenly find your case moved to a purely written review. No warning. No choice. The Government calls this a "smooth transition". For students expecting their day before the Tribunal, it is anything but.

Our team of experienced immigration lawyers has been advising clients on how to prepare for this shift before it catches them unprepared.

Your Written Submission Now Carries Everything

With oral hearings removed, the dynamics of your appeal change completely.

The Member deciding your case will only see what is in the file. That is it. There is no opportunity to clear up a misunderstanding. No chance to elaborate on a point. No spontaneous questions you can answer to show you are genuine. If something is unclear or missing from your written submission, it stays unclear and missing.

The new "Relevant Issues" requirement under proposed Section 367F means the Tribunal will invite you to provide written evidence on specific matters. Whether you satisfy certain criteria. Whether your circumstances have changed. This sounds helpful, but it places the entire burden on you to be exhaustive and precise.

And here is the kicker: under proposed Section 367M, if you fail to respond to a Tribunal invitation within the specified timeframe, the Tribunal must dismiss your application. Not "may". Must.

Miss a deadline, lose your case. No second chances.

What This Means for Your Case

The shift to paper-based reviews places a premium on two things: legal expertise and the quality of your written advocacy.

Your submission needs to be comprehensive from the very beginning. Every relevant document included. Every argument articulated clearly. Every potential concern addressed before the Tribunal even thinks to raise it. Because they will not ask you to clarify. They will just decide based on what they have.

This is not a process designed for self-represented applicants. The Government knows this. The expectation is that you either get it right on paper or you lose.

If you are facing a student visa refusal, or any visa refusal that may now be reviewed on the papers, the time to act is now. Not when you receive the Tribunal's invitation for information. Now.

What Should You Do Next

If you have a case pending, do not wait to see what happens. Assume your oral hearing is gone. Prepare your written submission as though it is the only chance you will get to make your case. Because under this Bill, it probably is.

If you are about to lodge an appeal, understand that the rules have changed. The written submission is no longer a formality before the real hearing. The written submission is the hearing.

Book a free consultation with our immigration lawyers and let us review your situation. We specialise in crafting submissions that ensure your voice is heard, even when you are not in the room. That is not marketing speak. Under these new laws, it is simply the reality of how visa appeals will work.

Do not let your case become a statistic in the Government's backlog solution.